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TUCKER v. STATE

Nos. 111,960, 111,752, 111,697, 112,002, 111,699, 112,006. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

326 P.3d 542 (2013)

2014 OK CIV APP 45

James TUCKER, Plaintiff/Appellee, v. STATE of Oklahoma, ex rel., DEPARTMENT OF PUBLIC SAFETY, Defendant/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 3.

Certiorari Denied December 9, 2013.

Attorney(s) appearing for the Case

A. DeAnn Taylor , Ardmore, Oklahoma, and John Hunsucker , Oklahoma City, Oklahoma, for Plaintiff/Appellee.

Mark E. Bright , Assistant General Counsel, Oklahoma City, Oklahoma, for Defendant/Appellant.

BAY MITCHELL, Judge.

¶ 1 Defendant State of Oklahoma, ex rel. Department of Public Safety (DPS) appeals from a June 7, 2013 Journal Entry, wherein the trial court set aside the driver's license revocation order previously entered against Plaintiff/Appellee James Tucker (Driver). The basis for vacating the DPS Order was the trial court's determination that the arresting Officer's Affidavit upon which the order was based was facially defective due to its...

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